Full Text of HB4598 96th General Assembly
HB4598eng 96TH GENERAL ASSEMBLY
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| AN ACT concerning criminal law.
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| WHEREAS, Treatment Alternatives for Safe Communities
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| (TASC) is a more rigorous sentencing option employed by
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| Illinois courts to ensure that offenders rehabilitate and prove
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| to the Court that they remain drug free; therefore
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Alcoholism and Other Drug Abuse and | 9 |
| Dependency Act is amended by changing Section 40-5 as follows:
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| (20 ILCS 301/40-5)
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| Sec. 40-5. Election of treatment. An addict or alcoholic | 12 |
| who is charged
with or convicted of a crime may elect treatment | 13 |
| under the supervision of a
licensed program designated by the | 14 |
| Department, referred to in this Article
as "designated | 15 |
| program", unless:
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| (1) the crime is a crime of violence;
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| (2) the crime is a violation of Section 401(a), 401(b), | 18 |
| 401(c) where the
person electing treatment has been | 19 |
| previously convicted of a non-probationable
felony or the | 20 |
| violation is non-probationable, 401(d) where the violation | 21 |
| is
non-probationable, 401.1, 402(a), 405 or 407 of the | 22 |
| Illinois Controlled
Substances
Act, or Section 4(d), 4(e), |
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LRB096 13433 RLC 28162 b |
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| 4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7
or 9 of the | 2 |
| Cannabis Control Act or Section 15, 20, 55, 60(b)(3), | 3 |
| 60(b)(4), 60(b)(5), 60(b)(6) 60 , or 65 of the | 4 |
| Methamphetamine Control and Community Protection Act or is | 5 |
| otherwise ineligible for probation under Section 70 of the | 6 |
| Methamphetamine Control and Community Protection Act ;
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| (3) the person has a record of 2 or more convictions of | 8 |
| a crime of
violence;
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| (4) other criminal proceedings alleging commission of | 10 |
| a felony are pending
against the person;
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| (5) the person is on probation or parole and the | 12 |
| appropriate parole or
probation authority does not consent | 13 |
| to that election;
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| (6) the person elected and was admitted to a designated | 15 |
| program on 2 prior
occasions within any consecutive 2-year | 16 |
| period;
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| (7) the person has been convicted of residential | 18 |
| burglary and has a record
of one or more felony | 19 |
| convictions;
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| (8) the crime is a violation of Section 11-501 of the | 21 |
| Illinois Vehicle
Code or a similar provision of a local | 22 |
| ordinance; or
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| (9) the crime is a reckless homicide or a reckless | 24 |
| homicide of an unborn
child, as defined in Section 9-3 or | 25 |
| 9-3.2 of the Criminal Code of 1961, in
which the cause of | 26 |
| death consists of the driving of a motor vehicle by a |
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| person
under the influence of alcohol or any other drug or | 2 |
| drugs at the time of the
violation.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| Section 10. The Cannabis Control Act is amended by changing | 5 |
| Section 10 as follows:
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| (720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
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| Sec. 10. (a)
Whenever any person who has not previously | 8 |
| been convicted of, or placed
on probation or court supervision | 9 |
| for, any offense under this Act or any
law of the United States | 10 |
| or of any State relating to a felony cannabis violation or a | 11 |
| misdemeanor cannabis violation involving the manufacture or | 12 |
| delivery or the possession with intent to manufacture or | 13 |
| deliver cannabis , or controlled
substances as defined in the | 14 |
| Illinois Controlled Substances Act, pleads
guilty to or is | 15 |
| found guilty of violating Sections 4(a), 4(b), 4(c),
5(a), | 16 |
| 5(b), 5(c) or 8 of this Act, the court may, without entering a
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| judgment and with the consent of such person, sentence him to | 18 |
| probation.
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| (b) When a person is placed on probation, the court shall | 20 |
| enter an order
specifying a period of probation of 24 months, | 21 |
| and shall defer further
proceedings in
the case until the | 22 |
| conclusion of the period or until the filing of a petition
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| alleging violation of a term or condition of probation.
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| (c) The conditions of probation shall be that the person: |
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| (1) not violate
any criminal statute of any jurisdiction; (2) | 2 |
| refrain from possession of a
firearm
or other dangerous weapon; | 3 |
| (3) submit to periodic drug testing at a time and in
a manner | 4 |
| as ordered by the court, but no less than 3 times during the | 5 |
| period of
the probation, with the cost of the testing to be | 6 |
| paid by the probationer; and
(4) perform no less than 30 hours | 7 |
| of community service, provided community
service is available | 8 |
| in the jurisdiction and is funded and approved by the
county | 9 |
| board.
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| (d) The court may, in addition to other conditions, require
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| that the person:
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| (1) make a report to and appear in person before or | 13 |
| participate with the
court or such courts, person, or | 14 |
| social service agency as directed by the
court in the order | 15 |
| of probation;
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| (2) pay a fine and costs;
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| (3) work or pursue a course of study or vocational | 18 |
| training;
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| (4) undergo medical or psychiatric treatment; or | 20 |
| treatment for drug
addiction or alcoholism;
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| (5) attend or reside in a facility established for the | 22 |
| instruction or
residence of defendants on probation;
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| (6) support his dependents;
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| (7) refrain from possessing a firearm or other | 25 |
| dangerous weapon;
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| (7-5) refrain from having in his or her body the |
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| presence of any illicit
drug prohibited by the Cannabis | 2 |
| Control Act, the Illinois Controlled
Substances Act, or the | 3 |
| Methamphetamine Control and Community Protection Act, | 4 |
| unless prescribed by a physician, and submit samples of
his | 5 |
| or her blood or urine or both for tests to determine the | 6 |
| presence of any
illicit drug;
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| (8) and in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth;
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| (iv) contribute to his own support at home or in a | 12 |
| foster home.
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| (e) Upon violation of a term or condition of probation, the
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| court
may enter a judgment on its original finding of guilt and | 15 |
| proceed as otherwise
provided.
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| (f) Upon fulfillment of the terms and
conditions of | 17 |
| probation, the court shall discharge such person and dismiss
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| the proceedings against him.
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| (g) A disposition of probation is considered to be a | 20 |
| conviction
for the purposes of imposing the conditions of | 21 |
| probation and for appeal,
however, discharge and dismissal | 22 |
| under this Section is not a conviction for
purposes of | 23 |
| disqualification or disabilities imposed by law upon | 24 |
| conviction of
a crime (including the additional penalty imposed | 25 |
| for subsequent offenses under
Section 4(c), 4(d), 5(c) or 5(d) | 26 |
| of this Act).
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| (h) Discharge and dismissal under this Section,
Section 410 | 2 |
| of the Illinois Controlled Substances Act, or Section 70 of the | 3 |
| Methamphetamine Control and Community Protection Act may occur | 4 |
| only once
with respect to any person.
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| (i) If a person is convicted of an offense under this Act, | 6 |
| the Illinois
Controlled Substances Act, or the Methamphetamine | 7 |
| Control and Community Protection Act within 5 years
subsequent | 8 |
| to a discharge and dismissal under this Section, the discharge | 9 |
| and
dismissal under this Section shall be admissible in the | 10 |
| sentencing proceeding
for that conviction
as a factor in | 11 |
| aggravation.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| Section 15. The Illinois Controlled Substances Act is | 14 |
| amended by changing Section 410 as follows:
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| (720 ILCS 570/410) (from Ch. 56 1/2, par. 1410)
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| Sec. 410. (a) Whenever any person who has not previously | 17 |
| been convicted
of, or placed on probation or court supervision | 18 |
| for any offense under this
Act or any law of the United States | 19 |
| or of any State relating to cannabis
or controlled substances | 20 |
| or a felony cannabis violation or a misdemeanor cannabis | 21 |
| violation involving the manufacture or delivery or the | 22 |
| possession with intent to manufacture or deliver cannabis , | 23 |
| pleads guilty to or is found guilty of possession
of a | 24 |
| controlled or counterfeit substance under subsection (c) of |
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| Section
402 or of unauthorized possession of prescription form | 2 |
| under Section 406.2, the court, without entering a judgment and | 3 |
| with the consent of such
person, may sentence him to probation.
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| (b) When a person is placed on probation, the court shall | 5 |
| enter an order
specifying a period of probation of 24 months | 6 |
| and shall defer further
proceedings in the case until the | 7 |
| conclusion of the period or until the
filing of a petition | 8 |
| alleging violation of a term or condition of probation.
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| (c) The conditions of probation shall be that the person: | 10 |
| (1) not
violate any criminal statute of any jurisdiction; (2) | 11 |
| refrain from
possessing a firearm or other dangerous weapon; | 12 |
| (3) submit to periodic drug
testing at a time and in a manner | 13 |
| as ordered by the court, but no less than 3
times during the | 14 |
| period of the probation, with the cost of the testing to be
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| paid by the probationer; and (4) perform no less than 30 hours | 16 |
| of community
service, provided community service is available | 17 |
| in the jurisdiction and is
funded
and approved by the county | 18 |
| board.
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| (d) The court may, in addition to other conditions, require | 20 |
| that the person:
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| (1) make a report to and appear in person before or | 22 |
| participate with the
court or such courts, person, or | 23 |
| social service agency as directed by the
court in the order | 24 |
| of probation;
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| (2) pay a fine and costs;
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| (3) work or pursue a course of study or vocational
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| training;
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| (4) undergo medical or psychiatric treatment; or | 3 |
| treatment or
rehabilitation approved by the Illinois | 4 |
| Department of Human Services;
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| (5) attend or reside in a facility established for the | 6 |
| instruction or
residence of defendants on probation;
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| (6) support his dependents;
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| (6-5) refrain from having in his or her body the | 9 |
| presence of any illicit
drug prohibited by the Cannabis | 10 |
| Control Act, the Illinois Controlled
Substances Act, or the | 11 |
| Methamphetamine Control and Community Protection Act, | 12 |
| unless prescribed by a physician, and submit samples of
his | 13 |
| or her blood or urine or both for tests to determine the | 14 |
| presence of any
illicit drug;
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| (7) and in addition, if a minor:
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| (i) reside with his parents or in a foster home;
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| (ii) attend school;
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| (iii) attend a non-residential program for youth;
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| (iv) contribute to his own support at home or in a | 20 |
| foster home.
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| (e) Upon violation of a term or condition of probation, the | 22 |
| court
may enter a judgment on its original finding of guilt and | 23 |
| proceed as
otherwise provided.
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| (f) Upon fulfillment of the terms and conditions of | 25 |
| probation, the court
shall discharge the person and dismiss the | 26 |
| proceedings against him.
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| (g) A disposition of probation is considered to be a | 2 |
| conviction
for the purposes of imposing the conditions of | 3 |
| probation and for appeal,
however, discharge and dismissal | 4 |
| under this Section is not a conviction for
purposes of this Act | 5 |
| or for purposes of disqualifications or disabilities
imposed by | 6 |
| law upon conviction of a crime.
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| (h) There may be only one discharge and dismissal under | 8 |
| this Section,
Section 10 of the Cannabis Control Act, or | 9 |
| Section 70 of the Methamphetamine Control and Community | 10 |
| Protection Act with respect to any person.
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| (i) If a person is convicted of an offense under this Act, | 12 |
| the Cannabis
Control Act, or the Methamphetamine Control and | 13 |
| Community Protection Act within 5 years
subsequent to a | 14 |
| discharge and dismissal under this Section, the discharge and
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| dismissal under this Section shall be admissible in the | 16 |
| sentencing proceeding
for that conviction
as evidence in | 17 |
| aggravation.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-487, eff. 1-1-08.)
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| Section 20. The Methamphetamine Control and Community | 20 |
| Protection Act is amended by changing Section 70 as follows: | 21 |
| (720 ILCS 646/70)
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| Sec. 70. Probation. | 23 |
| (a) Whenever any person who has not previously been | 24 |
| convicted of, or placed on probation or court supervision for |
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| any offense under this Act, the Illinois Controlled Substances | 2 |
| Act, a felony violation of the Cannabis Control Act, or any law | 3 |
| of the United States or of any state relating to cannabis or | 4 |
| controlled substances or a felony cannabis violation or a | 5 |
| misdemeanor cannabis violation involving the manufacture or | 6 |
| delivery or the possession with intent to manufacture or | 7 |
| deliver cannabis , pleads guilty to or is found guilty of | 8 |
| possession of less than 15 grams of methamphetamine under | 9 |
| paragraph (1) or (2) of subsection (b) of Section 60 of this | 10 |
| Act, the court, without entering a judgment and with the | 11 |
| consent of the person, may sentence him or her to probation.
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| (b) When a person is placed on probation, the court shall | 13 |
| enter an order specifying a period of probation of 24 months | 14 |
| and shall defer further proceedings in the case until the | 15 |
| conclusion of the period or until the filing of a petition | 16 |
| alleging violation of a term or condition of probation.
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| (c) The conditions of probation shall be that the person: | 18 |
| (1) not violate any criminal statute of any | 19 |
| jurisdiction; | 20 |
| (2) refrain from possessing a firearm or other | 21 |
| dangerous weapon; | 22 |
| (3) submit to periodic drug testing at a time and in a | 23 |
| manner as ordered by the court, but no less than 3 times | 24 |
| during the period of the probation, with the cost of the | 25 |
| testing to be paid by the probationer; and | 26 |
| (4) perform no less than 30 hours of community service, |
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| if community service is available in the jurisdiction and | 2 |
| is funded and approved by the county board.
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| (d) The court may, in addition to other conditions, require | 4 |
| that the person take one or more of the following actions:
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| (1) make a report to and appear in person before or | 6 |
| participate with the court or such courts, person, or | 7 |
| social service agency as directed by the court in the order | 8 |
| of probation;
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| (2) pay a fine and costs;
| 10 |
| (3) work or pursue a course of study or vocational | 11 |
| training;
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| (4) undergo medical or psychiatric treatment; or | 13 |
| treatment or rehabilitation approved by the Illinois | 14 |
| Department of Human Services;
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| (5) attend or reside in a facility established for the | 16 |
| instruction or residence of defendants on probation;
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| (6) support his or her dependents;
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| (7) refrain from having in his or her body the presence | 19 |
| of any illicit drug prohibited by this Act, the Cannabis | 20 |
| Control Act, or the Illinois Controlled Substances Act, | 21 |
| unless prescribed by a physician, and submit samples of his | 22 |
| or her blood or urine or both for tests to determine the | 23 |
| presence of any illicit drug; or
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| (8) if a minor:
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| (i) reside with his or her parents or in a foster | 26 |
| home;
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HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| (ii) attend school;
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| (iii) attend a non-residential program for youth; | 3 |
| or
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| (iv) contribute to his or her own support at home | 5 |
| or in a foster home.
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| (e) Upon violation of a term or condition of probation, the | 7 |
| court may enter a judgment on its original finding of guilt and | 8 |
| proceed as otherwise provided.
| 9 |
| (f) Upon fulfillment of the terms and conditions of | 10 |
| probation, the court shall discharge the person and dismiss the | 11 |
| proceedings against the person.
| 12 |
| (g) A disposition of probation is considered to be a | 13 |
| conviction for the purposes of imposing the conditions of | 14 |
| probation and for appeal, however, discharge and dismissal | 15 |
| under this Section is not a conviction for purposes of this Act | 16 |
| or for purposes of disqualifications or disabilities imposed by | 17 |
| law upon conviction of a crime.
| 18 |
| (h) There may be only one discharge and dismissal under | 19 |
| this Section, Section 410 of the Illinois Controlled Substances | 20 |
| Act, or Section 10 of the Cannabis Control Act with respect to | 21 |
| any person.
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| (i) If a person is convicted of an offense under this Act, | 23 |
| the Cannabis Control Act, or the Illinois Controlled Substances | 24 |
| Act within 5 years subsequent to a discharge and dismissal | 25 |
| under this Section, the discharge and dismissal under this | 26 |
| Section are admissible in the sentencing proceeding for that |
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|
|
HB4598 Engrossed |
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LRB096 13433 RLC 28162 b |
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| conviction as evidence in aggravation.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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